Terms of service

Y3K (Europe) Limited, trading as Smarti. Terms and conditions of sale.

These terms apply to every order for Smarti Disposable AI Tracking Labels and related products placed on this website, or by email or phone. By placing an order you agree to them. All orders are an offer by you to buy under these terms.

This website sells to businesses. If you are a private consumer buying for your own use, the Y3K terms and conditions for consumers apply instead, at y3k.com.

1. General

1.1 These terms replace all earlier terms of Y3K (Europe) Limited. They apply to every sale by us to you and exclude any other terms, including any terms you send with an order, order confirmation or other document.

2. Definitions

2.1 "Y3K", "we" and "us" mean Y3K (Europe) Limited, Airport House, Purley Way, Croydon CR0 0XZ. VAT number GB752256533. Smarti is a brand of Y3K (Europe) Limited.
2.2 "Price" means the price you pay for the Product, excluding delivery. The Price is stated on the Order Confirmation for orders placed on the website and on the Estimate for orders placed by email or phone.
2.3 "Order Confirmation" means the email we send to acknowledge your order.
2.4 "Shipment Notification" means the email we send to confirm that your order is accepted and the goods have been despatched.
2.5 "Product" means any goods we supply to you, including Smarti Disposable AI Tracking Labels, the Enterprise Printer and sample packs.
2.6 "Label" means a Smarti Disposable AI Tracking Label of any type.
2.7 "Platform" means the Smarti tracking platform, including the live map, alerts, AI summaries, the app and the exportable shipment record.
2.8 "Tracking Life" means the period, printed on each Label, during which the Label reports to the Platform. It starts when the Label is activated.
2.9 "Credit Account" means an invoice account granted by us under our Credit Account terms.

3. Ordering

3.1 Prices on this website exclude VAT. VAT is charged at the UK rate on orders delivered within the UK. Orders delivered outside the UK are zero-rated for UK VAT.
3.2 You can order on this website, or by email or phone.
3.2.1 After you order on the website we send an Order Confirmation by email. If anything is wrong, contact us straight away. We can only correct errors before the order is processed.
3.2.2 If you order by email or phone we send an Estimate. Check it, then accept it using the link in the email. If anything is wrong, contact us and we will send a corrected Estimate.
3.2.3 Credit Account customers must confirm each order with a purchase order, unless they choose to pay upfront.
3.3 The Order Confirmation or your acceptance of an Estimate does not mean we have accepted your order. Your order is an offer to buy. We accept it when we send the Shipment Notification, and the contract between us is formed at that point.
3.4 The contract covers only the Products listed in the Shipment Notification.
3.5 Descriptions, photographs and specifications are there to give you an idea of the Products. We take care with them, but minor errors can occur and are excepted from the contract. Images are for illustration.
3.6 If we find a pricing error before despatch we will tell you and give you the choice of confirming the order at the correct price or cancelling it. If we cannot reach you we will treat the order as cancelled and refund anything you have paid.
3.7 If a pricing error is obvious and could reasonably have been recognised as a mistake, we are not obliged to supply the Product, even after despatch.

4. Payment

4.1 Website orders are paid by credit or debit card at checkout. Orders by email or phone can be paid by card or bank transfer. We cannot despatch until we have cleared funds. Bank transfers can take up to 3 working days to show.
4.2 If you pay by card we may deliver only to the cardholder's statement address.
4.3 Trade customers may apply for a Credit Account.

5. Credit Account orders

5.1 We may grant or refuse a Credit Account at our discretion.
5.2 Credit Account customers pay within 30 days of invoice, or on the terms agreed in writing by a director of Y3K.
5.3 Every Credit Account order must be confirmed by purchase order or by accepting our Estimate before goods are despatched.
5.4 If a payment is late we may charge interest at 8% a year above the Bank of England base rate, calculated daily from the due date until paid in full.
5.5 Under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2013 we may add fixed compensation and reasonable recovery costs. We apply a fixed administration fee of £25 for each overdue invoice.
5.6 If any payment is overdue we may suspend all further supply, including warranty claims and returns, until everything outstanding is paid.
5.7 If there is any conflict between this clause 5 and the rest of these terms, this clause 5 prevails for Credit Account customers. It does not apply to orders you pay for upfront.

6. Delivery

6.1 Any delivery date we give is our promise to use reasonable endeavours to deliver by that date. We accept no liability for missing a stated date. If we deliver the wrong Product, contact us and we will arrange collection and the correct delivery.
6.2 Products are delivered at our risk. Risk passes to you when the Products are signed for at the delivery address in your order. After that we accept no responsibility for loss or damage.
6.3 Check the Products on delivery. If they do not appear to be in good condition, refuse the delivery. If you cannot check the contents at the door, sign for the parcel as "unchecked". Failing to do so may affect any later claim.
6.4 Claims for damage, loss or shortage must be made in writing within 72 hours of delivery. A claim made after that may not be allowed.
6.5 The quantity we record at despatch is conclusive evidence of the quantity delivered unless you can prove otherwise.
6.6 Our liability for non-delivery is limited to replacing the Products within a reasonable time or issuing a credit note.
6.7 If you do not accept delivery we may store the Products at your cost and, after 21 working days, resell or dispose of them, accounting to you for any excess over the Price after our costs, or charging you for any shortfall.
6.8 Delivery charges are shown at checkout and in our Delivery policy.

7. Title and risk

7.1 Risk passes to you under clause 6.2.
7.2 Title to the Products does not pass to you until we have received payment in full, in cleared funds, for the Products and any other sums you owe us.
7.3 Until title passes you must store the Products so that they remain identifiable as ours, keep them in good condition and insured for their full price, and not remove or obscure any identifying mark or packaging. You may use or resell the Products in the ordinary course of your business, holding the proceeds on our behalf. We may revoke that right by written notice if you are more than 14 days late paying any sum due to us, or if any event in clause 11.1 occurs, and may then require you to return the Products or enter your premises to recover them.

8. The Labels and the Platform

8.1 Each Label is single-use and contains a non-rechargeable battery. Its Tracking Life starts when it is activated and runs until the printed expiry date. It cannot be paused, restarted or extended.
8.2 The Price of each Label includes use of the Platform for that Label's Tracking Life. There is no subscription and no per-report charge.
8.3 Labels report their location through third-party networks: the crowd-sourced Bluetooth network, mobile networks, or satellite positioning, depending on the Label type. Reporting depends on those networks being available where the Label is. We do not promise that any Label will report continuously, at any particular interval, or with any particular accuracy. Accuracy ranges are given as a guide on each product page.
8.4 The Labels are a tracking aid. They are not a security device, and they are not insurance. You remain responsible for insuring your goods in transit and for your own contracts with carriers and customers.
8.5 We use reasonable endeavours to keep the Platform available. We may suspend it for maintenance or to protect it, and we will restore it as soon as we reasonably can. Shipment records can be exported from the Platform; you are responsible for exporting any record you need to keep.
8.6 Labels must be used within the law of every country they travel through. You are responsible for telling anyone whose movements a Label may record, where the law requires it.
8.7 The Labels are not classed as dangerous goods for air transport and need no declaration. If a carrier or regulator changes that classification we are not liable for any resulting cost or delay.

9. Warranty and returns

9.1 If a Label fails to activate, or stops reporting within its Tracking Life because of a fault in the Label, tell us within the Tracking Life with the Label ID and we will, at our option, replace it or credit its Price. This is our only obligation for a faulty Label.
9.2 For the Enterprise Printer and any other Product, if a defect due to faulty goods or workmanship is found within 12 months of delivery, we will at our option repair or replace it free of charge. If it cannot be repaired or replaced we will refund the original Price. A longer warranty, if any, is stated on your invoice.
9.3 Labels are consumable goods. You have no right to cancel an order for Labels once they have been activated, or once the pack has been opened, unless a fault is found that could not have been identified without opening it. Our Refund policy sets out when unopened Labels may be exchanged.
9.4 Before returning anything, contact us at sales@smarti.co.uk or 020 8689 9999 for a returns reference. Return Products in their original packaging to the address in clause 2.1. Products you return are at your risk in transit, so pack and insure them properly.
9.5 The warranty does not apply if the defect arises from failure to follow our written instructions, from use beyond the Tracking Life, from alteration or repair without our written consent, from fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions, or from a specification you supplied.
9.6 If a returned item is found not to be faulty we may charge for return carriage, insurance and administration.
9.7 Any refund is made only to the account from which payment was received.
9.8 Except as set out in this clause 9, we have no liability for a Product's failure to comply with the warranty, and all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10. Limitation of liability

10.1 We have taken reasonable steps to make the information on this website, in our price lists and in our marketing accurate, but we make no representation that it is complete or free of error.
10.2 For any breach of clause 9 our entire liability is limited, at our option, to repairing or replacing the Product or refunding its Price.
10.3 Our total liability arising out of or in connection with the Products and the Platform, whether in contract, negligence, other tort, under statute or otherwise, will not exceed the Price of the Products delivered to you under the order concerned.
10.4 We are not liable for loss of profit, loss of anticipated revenue, loss of business, loss of goods in transit, loss or corruption of data, or any consequential or indirect loss, including any loss arising from a Label failing to report or from the Platform being unavailable.
10.5 Nothing in these terms excludes our liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot lawfully be excluded.

11. Insolvency

11.1 If you materially breach these terms, become unable to pay your debts, enter into any arrangement with creditors, have an administrator, receiver or liquidator appointed, cease or threaten to cease trading, or suffer any equivalent event in any jurisdiction, or if we reasonably believe any of these is about to happen, we may cancel or suspend further deliveries without liability, and all sums outstanding become immediately due.

12. Events beyond our control

12.1 If delivery is delayed by circumstances beyond our control or our suppliers' control, we may suspend delivery or cancel the contract without liability.
12.2 Examples include natural disasters, flood, fire, strike, lockout, riot, war, epidemic, transport difficulties, failure of suppliers or of third-party networks, and official regulations.

13. Orders delivered outside the UK

13.1 Products delivered outside the UK are at your risk from despatch.
13.2 They may be subject to import duties and taxes at the destination. You are responsible for paying them. We have no control over these charges and cannot predict them. Check with your local customs office before ordering.
13.3 You must comply with all laws of the destination country, including any rules on tracking devices. We are not liable for any breach by you.

14. Your obligations

14.1 You are responsible for choosing the right Product and for its suitability for your purpose.
14.2 Images are for illustration. Specifications are correct as per our published product information.
14.3 You must give us reasonable information and co-operation.

15. Entire agreement

15.1 These terms and any documents they refer to are the whole agreement between us for any order.
15.2 Any variation must be confirmed in writing by a director of Y3K.

16. General

16.1 If any part of these terms is found invalid or unenforceable, the rest is unaffected.
16.2 Contracts for the purchase of Products, and any dispute or claim arising from them, are governed by the law of England and Wales and subject to the jurisdiction of its courts.
16.3 We may update these terms from time to time to reflect changes in law, the market or company policy. The terms in force on the date of the Shipment Notification apply to your order.

Y3K (Europe) Limited, Airport House, Purley Way, Croydon CR0 0XZ. 020 8689 9999. sales@smarti.co.uk.

Smarti is a brand of Y3K (Europe) Ltd. Established 2000.